Court : Kolkata
Reported in : (2000)1CALLT146(HC),2000(71)ECC72
..... powers conferred by sub-section (1) of section 25 of the customs act, 1962 (52 of 1962), the central government, being satisfied that it is necessary in the public interest so to do, hereby makes the following amendment in the notification of the government of india in the ministry of finance (department of revenue) ..... it would thus clearly emerge by the above-quoted observations in kastnka trading that the grant of exemption under section 25 of the customs act by itself would not amount to holding out any promise or assurance to any intending importer that the exemption once granted would remain operative indefinitely and that it cannot be withdrawn at ..... or conduct, which is intended to create legal relations or effect a legal relationship to arise in the future, knowing as well as intending that the representation, assurance of the promise would be acted upon by the other party to whom it has been made and has in fact been so acted upon by the other party, the promise, assurance or representation should be binding on the party making it and that party should not be permitted to go back upon it. ..... operative till 31st march 1981, it could not be rescinded or modified before the expiry of that date would amount to prohibiting the government from discharging its statutory obligation under section 25(1) of the act, if it was satisfied that it was in the 'public interest' to withdraw, modify or rescind the earlier notification. ..... 71/87-customs dated 1st march, 1987, namely :--in the table .....
Tag this Judgment!Court : Kolkata
Reported in : 2003(161)ELT109(Cal)
..... conditions the supersession or revocation of an exemption notification, in the 'public interest', is an exercise of the statutory power of the state under the law itself as is obvious from the language of section 25 of the act under the general clauses act an authority which has the power to issue a notification has the undoubted power to rescind or modify the notification in a like manner from the very nature of power of exemption granted to the ..... government under section 25 of the act, it follows that the same is with a view to enabling the government to regulate, control and promote the industries and industrial production in the country notification no 66 of 1979 in our ..... is sought to be enforced must be shown to be an unequivocal promise to the other party in tended to create a legal relationship and that it was acted upon as such by the party to whom the same was made a notification issued under section 25 of the act cannot be said to be holding out of any such unequivocal promise by the government which was intended to create any legal relationship between the government and the party ..... the public interest so to do, hereby makes the following amendment in the notification of the government of india in the ministry of finance (department of revenue) no. ..... dated 1st march, 1987, namely :-in the ..... 1987 was .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Kolkata
Reported in : (2004)88ITD1(Kol.)
..... since the instrumentality of the association of persons and body of individuals had been widely used in the past for tax evasion, the amending act, 1987, introduced a new scheme for their taxation by inserting section 167b in the income-tax act, which provided that in the case of an association of persons or body of individuals, tax shall be charged at the maximum marginal rate in the following circumstances : (i) where the shares of the association or body are indeterminate or unknown (this was ..... the third situation envisages in the second proviso to section 86 is that where no income-tax is chargeable on the total income of an aop, which is otherwise chargeable to tax at the normal rates, falls below the minimum threshold of taxation under the relevant finance act, in such a situation though the share of the member in the income of an aop, as computed under section 67a of the act, shall be included in the total income of the member.13. ..... total income of any member thereof for the previous year (excluding his share from such association or body) exceeds the maximum amount which is not chargeable to tax in the case of that member under the finance act of the relevant year, tax shall be charged on the total income of the association or body at the maximum marginal rale; (ii) any member or members thereof is or are chargeable to tax at a rate or rates which is or are higher than the .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Kolkata
Reported in : (1992)41ITD582(Kol.)
..... the learned cit( a) also held that the first proviso to section 43b inserted by the finance act, 1987 was applicable from 1-4-1988 and not in the assessment year 1984-85. ..... in support of this claim the assessee relied on first proviso to section 43b inserted by the finance act, 1987 which, as per decision of the tribunal in ito v. k.s. ..... that the said explanation is a mandatory and not clarificatory.we cannot take into account the explanation 2 for disposal of appeal.but there is no injunction prohibiting us for taking into account the first proviso to section 43b introduced through the finance act, 1987 with effect from april 1,1988. ..... the cit(a) concluded "in fine, it may be emphasised that the retrospective amendment of the section by insertion of explanation 2 by the finance act, 1989 sets at naught all the various contentions of the appellant, once it is established that the amount represented statutory liability for excise duty incurred during the year". ..... the court held "having regard to the intent and purport of the provisions of section 43b and the amendments made from time to time, which we have already indicated, this explanation must be held to be only clarificatory in nature and will be effective retrospectively".it is settled law that declaratory or explanatory provisions merely clarify the legal position ..... it was held that section 43 b, as it stood in the year 1984, was found impossible to comply with and to make it workable amendment in section 43b was introduced. .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Kolkata
Reported in : (1993)46ITD273(Kol.)
..... order has been passed even without touching on the matter where the assessee did not prefer an appeal, the intention of the legislature in enacting section 263 would be frustrated.their lordships also referred to the amendment made by the finance act, 1988 with effect from 1-6-1988 and also by the finance act 1989 with retrospective effect from 1-6-1988 in support of their conclusion that there will be only partial merger of the assessment order with the appellate ..... the assessment had been completed on 20-1-1987 under section 143(3) of the it act. ..... when the cit (appeals) passed the order on 31-7-1987 only the matters that were taken before him in appeal got.merged with the order of assessment and it is only on those matters the cit was prevented from taking any action for revision under section 263. ..... there after the ito issued notice on 10-9-1987 proposing to rectify the assessment under section 154 of the act by disallowing the provision of rs. ..... the assessee had earlier filed an appeal against the assessment order dated 20-1-1987 and the cit (appeals)-iv, calcutta, had also passed an order on 31-7-1987.4. ..... cit [1987] 167 itr 86. ..... on 12-10-1987 the assessee filed its objections to the proposed rectification. .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Kolkata
Reported in : (2004)267ITR1(Kol.)
..... since the instrumentality of the aop and boi had been widely used in the past for tax evasion, the amending act, 1987, introduced a new scheme for their taxation by inserting section 167b in the it act, which provided that in the case of an aop or boi, tax shall be charged at the maximum marginal rate in the following circumstances : (i) where the shares of the association or body are indeterminate or unknown (this was the earlier ..... the third situation envisaged in the second proviso to section 86 is that where no income-tax is chargeable on the total income of an aop, which is otherwise chargeable on the total income of an aop, falls below the minimum threshold of taxation under the relevant finance act, in such a situation though the share of the member in the income of an aop, as computed under section 67a of the act, shall be included in the total income of the member.13. ..... (2) where, in the case of an aop or boi as aforesaid not being a case falling under sub-section (1) : (i) the total income of any member thereof for the previous year (excluding his share from such association or body) exceeds the maximum amount which is not chargeable to tax in the case of that member under the finance act of the relevant year, tax shall be charged on the total income of the association or body at the maximum marginal rate ; (ii) any member .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Kolkata
Reported in : (2000)74ITD161(Kol.)
..... the provisions were again reintroduced by the finance act, 1987 by introduction of a new section 115j and these provisions remained in force from assessment year 1988-89 to 1990-91 i ..... 2) act of 1996 with effect from 1-4-1997 and is said to be in pari materia with earlier section 115j which has been rendered inoperative with effect from the assessment year 1991-92 by an amendment made to sub-section (1) by the finance act, 1990 with effect from ..... offered by the government for the introduction of section 115ja remains the same as was given when somewhat similar provisions were introduced for the first time by the finance act, 1983 with effect from 1-4-1984. ..... claimed in the return that the cash compensatory support was not taxable (this was made taxable by subsequent amendment to section 28) and it was held by the high court that the assessee was fully justified in making the claim when the return was filed and no adjustment on account of cash compensatory support could be made under section 143(1)(a), so as to attract additional tax.9.3 the cit (appeals) has also fallen into the error in ..... disallow a claim for deduction only if he is satisfied on the basis of material that the assessee is not entitled to such deduction.9.2 it may be kept in mind that no notice is required to be given for making adjustment under section 143(1)(a) and, therefore, unless the provisions are strictly followed and only apparent adjustments are made, gross injustice would be caused to the taxpayers. .....
Tag this Judgment!Court : Kolkata
Reported in : [2000]243ITR514(Cal)
..... their lordships also clarified that though the amendment relating to section 27(iii), (iiia) and (iiib) was made by the finance-bill, 1987, but, considering the object and background behind the amendment, the provisions are retrospective in operation and, therefore, their lordships upheldthe view taken by the high courts of patna, rajasthan and calcutta andheld that, the contrary ..... by the assessing officer while passing the order under section 254 of the act in respect of the assessee-company for the assessment ..... : [1996]218itr221(sc) ) has considered various aspects including the fact that when none of the orders of the authorities under the act say that surendra overseas limited, had constructed a multi-storeyed structure in the premises sub-leased to it by the assessee, therefore, their lordships proceeded on the footing that ..... on a reference application under section 256(1) of the income-tax act, 1961, the tribunal has referred the following question set out at page 10 of the application for the opinion of this court (see : [1987]167itr60(cal) ) :'whether, on the facts and in the circumstances of the case, the tribunal was justified in law in holding that the income as received by surendra overseas limited, be ..... law, we found no substance in the view taken by the tribunal that if income has not been taxed in the hands of 'a' who is liable to pay tax under the act, that can be taxed in the hands of 'b', when under the provisions, that is not taxable in the hands of 'b'.22. .....
Tag this Judgment!Court : Kolkata
Reported in : [1992]195ITR825(Cal)
..... will be apparent from the amendment made by the finance act, 1988, with effect from april 1, 1989, whereby clause (bb) was inserted which reads as follows :'the return is accompanied by the report of the audit obtained under section 44ab. ..... the assessee, by filing the audit report on march 6, 1987, purporting to act under section 139(5) of the act, removed the omission or defect which existed in the return furnished on ..... maintained that filing of the audit report on march 6, 1987, did not tantamount to revising the original return in terms of section 139(5) of the act and that the defect in not filing the audit report 'along with the return' was not covered under the provisions of section 139(9) of the act.5. ..... 6, 1987, purporting to act under section 139(5) of the act. ..... of the lower authorities that the audit report submitted on march 6, 1987, not being filed with the revised return did not satisfy the condition in section 12a and that the provisions of sub-sections (5)and (9) of section 139 were not applicable cannot be sustained. ..... march 6, 1987, with a revised return and non-filing of the above audit report was not a defect covered under the categories specified in the explanation to section 139(9) ..... filed along with the return and the filing of thesaid report later on march 6, 1987, did riot satisfy the condition stated in section 12a. ..... dated november 12, 1984 was, however, filed by the assessee in the prescribed form on march 6, 1987, before the completion of the assessment. .....
Tag this Judgment!Court : Kolkata
Reported in : 1998(59)ECC92
..... : 1987(32)elt234(sc) where rules 9 and 49, of the central excise rules, 1944, after they were amended with retrospective effect by section 51 of the finance act 1982 ..... elt645(sc) it was held:--it is immaterial, in view of rule 9(1) of the central excise rules and section 49 of the act whether the yarn so manufactured is capitively consumed or is subject to any other or further process. ..... the central government took steps to levy cess on jute manufactures under the provision of jute manufactures cess act, 1983 in terms whereof duty of excise is levied on certain items including hessian (which the petitioners manufacture) as referred to ..... as noticed hereinbefore under section 3(4) of the 1983 act the provision of the central excise act, 1944 and the rules made thereunder shall apply in relation to the levy and ..... sub-section (4) of section 3 of the said act reads as follows:--the provisions of the central excises and salt act, 1944, and the rules made thereunder, including those relating to refunds and exemptions from duty, shall, so far as may be, apply in relation to the levy and collection of the duty of excise on ..... it was further submitted that only because the petitioner pays cess in terms of the cess act, the said fact by itself does not make them eligible to maintain a writ application questioning the subsidy granted by the central government to the private respondents only on the ground ..... by the petitioner therein as yarn within the meaning of the bengal finance (sales tax) act. .....
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